The Law of Bills, Notes, and Cheques |
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Page 14
... according to the common law , and not being held out as an agent , he cannot bind the defendant , it is said , by transferring the instrument.1 It is true that a mere custodian is not even a special agent , in the law of agency in ...
... according to the common law , and not being held out as an agent , he cannot bind the defendant , it is said , by transferring the instrument.1 It is true that a mere custodian is not even a special agent , in the law of agency in ...
Page 18
... , 7 N. H. 201 ; Coleman v . Ewing , 4 Humph . 241 . According to Sutcliffe v . Humphreys , supra , suit upon an instrument pay . The question of the time when suit can be brought 18 [ CHAP . IL BILLS , NOTES , AND CHEQUES .
... , 7 N. H. 201 ; Coleman v . Ewing , 4 Humph . 241 . According to Sutcliffe v . Humphreys , supra , suit upon an instrument pay . The question of the time when suit can be brought 18 [ CHAP . IL BILLS , NOTES , AND CHEQUES .
Page 26
... according to these authorities , as it was executed ; that is , without any indorsement . Neither the American nor the English Statute requires indorsement in such cases ; the paper as executed in favor of the fictitious or non ...
... according to these authorities , as it was executed ; that is , without any indorsement . Neither the American nor the English Statute requires indorsement in such cases ; the paper as executed in favor of the fictitious or non ...
Page 29
... according to the happening of an uncertain event . For ex- ample ( hypothetical ) : Pay to A or order , thirty days after sight , $ 1000 or less according to the market value of 10 shares of Moon Mining stock at that time ' would not be ...
... according to the happening of an uncertain event . For ex- ample ( hypothetical ) : Pay to A or order , thirty days after sight , $ 1000 or less according to the market value of 10 shares of Moon Mining stock at that time ' would not be ...
Page 41
... according to the intention manifested , it will be the several note of each , or the joint note of all , or it will be either What consti- the one or the other as the holder may choose to tutes joint sig- treat it . The question which ...
... according to the intention manifested , it will be the several note of each , or the joint note of all , or it will be either What consti- the one or the other as the holder may choose to tutes joint sig- treat it . The question which ...
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Common terms and phrases
accommodation agent alteration authority Bank of United bill of exchange bona fide holder cheque common law consideration constructive notice contract courts creditor custom debt deemed defendant is indorser delivery demand discharged doctrine drawer due course entitled equities estoppel evidence example excuse fact favor fixed foreign bill fraud give notice given Gratt guaranty holder for value holder in due honor indorser's inland bill instru instrument is payable law merchant liability maker or acceptor Mass maturity ment National Bank necessary negotiable instrument non-payment notary notice of dishonor notifying Ohio St paper payable payee Penn person place of business place of payment post-office presented for payment presentment for acceptance presumptively promise to pay promissory note protest reasonable diligence received regard residence rule signature Statute Statute of Frauds sum certain supra surety suretyship Tenn thereon tion treated unless unwritten law waiver warranty Wend words
Popular passages
Page 293 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 287 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument.
Page 313 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
Page 296 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. That it is complete and regular upon its face ; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 297 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 298 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 286 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3.
Page 288 - Does not specify the place where it is drawn or the place where it is payable; or 5.
Page 318 - A (negotiable) promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed • or determinable future time, a sum certain in money to order or to bearer.
Page 298 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance ; and admits — 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.